GENERAL

The U.S. Army Corps of Engineers may provide assistance in the rehabilitation of flood control works projects only when repairs are clearly beyond the normal physical and financial capabilities of the project sponsor. The established eligibility criteria shown below must also be met. Structures built for channel alignment, navigation, recreation, fish and wildlife, land reclamation drainage, interior drainage or to protect against land erosion are not flood control works and, therefore, are not eligible for assistance.

ELIGIBILITY FOR CORPS OF ENGINEERS ASSISTANCE

· Be a primary levee

A primary levee is a complete unit, tied to high ground, designed for flood control and does not encroach on the flood plain.

· Provide required minimum level of protection

A 5-year level of protection for agriculture and 10-year level of protection for urban area.

· Have a public sponsor

A public sponsor is required for other than a public entity. The sponsor must be a public agency such as a legal subdivision of a State or State government, local unit of government such as a county or city, a qualified Indian tribe or a state-chartered organization such as a levee board or district, drainage board or district. The sponsor will be required to co-sign an agreement for any assistance.

· Be damaged by flooding

The damages must exceed what is considered normal maintenance (normal erosion is not eligible). Deliberate levee cuts will only be eligible for rehabilitation if prior approval was received from the Corps.

· Be properly maintained

A properly maintained levee has a good grass cover, other vegetation removed (trees), grass mowed not grazed, animal burrows controlled, erosion repaired, supporting drainage structures maintained, level of protection maintained, and pass a biennial inspection.

Deficient or deferred project maintenance outstanding when damage occurs will be accomplished by or at the expense of the sponsor either prior to or concurrently with authorized rehabilitation assistance.

· Repairs must meet economic criteria

The rehabilitation project must protect items of value and have a favorable benefit-to-cost ratio. The annual benefit must exceed the total annualized cost of rehabilitation, including maintenance.

 
· Provide traditional A-B-C’s

Corps policy requires the public sponsor to furnish the following items of cooperation and assurances (referred to as A-B-C’s) prior to undertaking any work: (1) provide without cost to the United States all lands, easements, and rights-of-way necessary; (2) hold and save the United States free from damages due to the work, exclusive of damages due to negligence of the United States or its contractor; removal of any temporary emergency protection measure; and (4) maintain and operate in a manner satisfactory to the Chief of Engineers, the entire project after completion.

· Cost share repairs

Rehabilitation projects for non-federal flood control work will be cost shared at 80 percent Federal and 20 percent from the public sponsor.

STEPS TO INITIATE REPAIRS AFTER A FLOOD

Following a flood event, the U.S. Army Corps of Engineers will issue a public notice stating that requests for rehabilitation work must be submitted within 30 days after the flood waters recede to bank full. Local interests should request a rehabilitation investigation from the Corps of Engineers as soon as possible after the flood damage occurs. The process is as follows.

· Levee owner/sponsor applies

The levee owner or sponsor will call, write, or visit a Corps of Engineers field or District office and identify the areas of damages. The request for assistance should be in writing.

· Investigation of damages

A field investigation will be conducted by the Corps and will include an assessment of levee damage and acreage, crops and buildings involved. The sponsor will accompany the team as it identifies damages. The sponsor should provide proof of ownership or sponsorship authority. Necessary agreements will be signed.

· Determination of eligibility

The field report will be forwarded to the District office where it will be reviewed. The sponsor will be notified of the eligibility determination as soon as possible.

· Forwarded for approval and funding

Repairs for eligible projects up to $500,000 will be approved by the Division office; those over $500,000 will be forwarded to the Office of Chief of Engineers in Washington, DC. The sponsor will be notified when approved or disapproved.

· Cost share details resolved

If the local sponsor is providing cash for the 20% share, it must be received by the Corps before the contract is prepared. "In kind" service can be accomplished before or during construction.

· Start contracting procedures

· Award contract, start construction

· Returned to owner for maintenance

HOW LONG WILL IT TAKE?

It depends on -

· When the water goes down

· How many applications there are

· How extensive the damage

· Availability of contractors

· Weather conditions

HOW TO OBTAIN HELP

If you would like to discuss the U.S. Army Corps of Engineers’ flood control rehabilitation program, please contact the U.S. Army Corps of Engineers Emergency Management Office nearest you.

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